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AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 63.200 is amended to read as follows: 3
(1) (a) The Governor shall fill vacancies in the office of United States Senator by 4
appointment and the appointee shall serve until a successor has been elected 5
and qualified under subsection (2), (3), (4), or (5) of this section. 6
(b) The appointee shall be selected from a list of three (3) names submitted by the 7
state executive committee of the same political party as the Senator who held 8
the vacant seat to be filled, shall have been continuously registered as a 9
member of that political party since December 31 of the preceding year, and 10
shall be named within twenty-one (21) days from the date of the list 11
submission. 12
(c) In the event the vacant seat was held by a person who was not a member of 13
any political party as defined under KRS 118.015, the Governor shall appoint 14
any qualified voter who is not a member of any political party as defined 15
under KRS 118.015. 16
(d) Upon appointment, the Governor shall, under the seal of the Commonwealth, 17
certify the appointment to the President of the Senate of the United States. 18
The certificate of appointment shall be countersigned by the Secretary of 19
State. 20
(2) If a vacancy occurs more than three (3) months before the election in any year in 21
which any regular election is held in this state, the remainder of the unexpired term 22
shall be filled as follows: 23
(a) Candidates for the unexpired term shall file petitions of nomination no later 24
than the fourth Tuesday in August before the date of the scheduled regular 25
election; 26
(b) Petitions shall meet the requirements established under KRS 118.315, except: 27 UNOFFICIAL COPY 24 RS BR 1069
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1. The signatures of no more than one thousand (1,000) petitioners shall be 1
required; 2
2. The petition of nomination shall contain a selection where a candidate 3
shall designate whether the political party affiliation, or lack of 4
affiliation, shall be placed on the ballot with the name of the candidate; 5
and 6
3. The designation made under subparagraph 2. of this paragraph shall not 7
be changed following the filing of the nomination papers; 8
(c) The order of the names on the ballot for the candidates to be voted for shall be 9
determined by lot at a public drawing to be held in the office of the Secretary 10
of State at 2 p.m., prevailing time, on the Thursday following the last Tuesday 11
in August; 12
(d) After the order of names has been determined under paragraph (c) of this 13
subsection, the Secretary of State shall certify to the county clerks: 14
1. The name of each candidate; and 15
2. The party affiliation, or lack of affiliation, of the candidate if designated 16
for inclusion on the ballot as provided in paragraph (b) of this 17
subsection; 18
(e) All candidates qualifying to be placed on the ballot shall be listed in a separate 19
column or columns, or in a separate line or lines[, and in a manner so that the 20
casting of a vote for all of the candidates of a political party will not operate to 21
cast a vote for any candidate for a vacancy in the United States Senate]. The 22
words "Vote for one" shall be printed in the appropriate location; 23
(f) 1. No candidate shall be elected to fill a vacancy at any regular election 24
held under this subsection unless the candidate receives a majority of the 25
votes cast in the regular election; 26
2. If no candidate receives a majority of the votes cast, a runoff election 27 UNOFFICIAL COPY 24 RS BR 1069
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shall be held between the candidates receiving the two (2) highest 1
numbers of votes cast in the regular election; 2
3. If a runoff election is required as provided in this paragraph, it shall be 3
held seventy (70) days after the date of the regular election at which the 4
two (2) candidates were selected; and 5
4. The candidate receiving the highest number of votes cast in the runoff 6
election to fill the vacancy shall be the candidate elected to fill the 7
unexpired term of the office of United States Senator; 8
(g) If a vacancy occurs in the nomination of a candidate eligible for the special 9
election because of death, disqualification to hold the office sought, severe 10
disabling condition, or withdrawal, the remaining candidate or candidates 11
receiving the second highest number of votes shall be the second candidate or 12
candidates in the special election; 13
(h) The order of names on the ballot of the two (2) candidates to be voted for 14
under paragraph (f) of this subsection shall be determined by lot at a public 15
drawing to be held in the office of the Secretary of State at 2 p.m., prevailing 16
time, on the Thursday following the certification by the State Board of 17
Elections under KRS 118.425; 18
(i) After the order of names has been determined, the Secretary of State shall 19
give certification to the county clerks in accordance with paragraph (d) of this 20
subsection; and 21
(j) The successful candidate in the special election held for the purpose of filling 22
the unexpired term in the office of United States Senator shall take office 23
immediately as provided under subsection (9) of this section. 24
(3) If a vacancy occurs less than three (3) months before the regular election in any 25
year in which any regular election is held in this state, and if a regular election is 26
scheduled in the succeeding year, the vacancy shall be filled by appointment under 27 UNOFFICIAL COPY 24 RS BR 1069
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subsection (1) of this section, and the unexpired term shall be filled at the regular 1
election in the succeeding year. 2
(4) If a vacancy occurs less than three (3) months before the regular election in any 3
year in which any regular election is held in this state, but no regular election is 4
scheduled in the succeeding year, or if a vacancy occurs during any year in which 5
no regular election is scheduled, the Governor shall issue a writ of election. The 6
writ of election shall: 7
(a) Be signed by the Governor; 8
(b) Be issued within thirty (30) days of the occurrence of the vacancy; 9
(c) Set the date of the special election which shall be held no sooner than sixty 10
(60) days, and no later than ninety (90) days, following the issuance of the 11
writ; and 12
(d) Be directed to the sheriffs as required under KRS 118.740. 13
(5) (a) Candidates in any special election held under this section shall file petitions of 14
nomination no later than forty-nine (49) days before the date of the election. 15
(b) Petitions shall meet the requirements established under KRS 118.315, except: 16
1. The signatures of no more than one thousand (1,000) petitioners shall be 17
required; 18
2. The petition of nomination shall contain a selection where a candidate 19
shall designate whether the political party affiliation, or lack of 20
affiliation, shall be placed on the ballot with the name of the candidate; 21
and 22
3. The designation made under subparagraph 2. of this paragraph shall not 23
be changed following the filing of the nomination papers. 24
(c) All candidates qualifying for the election shall be placed on the same ballot 25
regardless of any candidate's political party affiliation, or lack of affiliation. 26
(d) The order of the names on the ballot for the candidates to be voted for shall be 27 UNOFFICIAL COPY 24 RS BR 1069
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determined by lot at a public drawing to be held in the office of the Secretary 1
of State at 2 p.m., prevailing time, no later than forty-seven (47) days before 2
the day of the election. 3
(e) After the order of names has been determined under paragraph (d) of this 4
subsection, the Secretary of State shall certify to the county clerks: 5
1. The name of each candidate; and 6
2. The party affiliation, or lack of affiliation, of the candidate if designated 7
for inclusion on the ballot as provided in paragraph (b) of this 8
subsection. 9
(6) (a) No candidate shall be elected to fill a vacancy at any special election held 10
under subsection (5) of this section unless the candidate receives a majority of 11
the votes cast in the special election. 12
(b) If no candidate receives a majority of the votes cast, a special runoff election 13
shall be held between the candidates receiving the two (2) highest numbers of 14
votes cast in the special election. 15
(c) If a special runoff election is required as provided in this subsection, it shall 16
be held forty-nine (49) days after the date of the special election. 17
(d) The candidate receiving the highest number of votes cast in the special runoff 18
election to fill the vacancy shall be the candidate elected to fill the unexpired 19
term of the office of United States Senator. 20
(7) Any special election or special runoff election held under this section shall proceed 21
in the manner prescribed in KRS 118.740 to 118.775, except as otherwise provided 22
in this section. 23
(8) After the returns for any election under this section have been canvassed and 24
certified by the State Board of Elections, the Governor shall certify the election of 25
the person elected in accordance with KRS 118.465. 26
(9) Any person elected to fill an unexpired term in the office of United States Senator 27 UNOFFICIAL COPY 24 RS BR 1069
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under this section shall take office immediately upon certification of the election 1
results by the State Board of Elections and administration of the oath of office. 2
(10) Notwithstanding any other statute to the contrary, if the unexpired term will end at 3
the next succeeding regular election, the office shall be filled by appointment in 4
accordance with subsection (1) of this section until the winner of the election takes 5
office in January. 6
(11) Notwithstanding the provisions of KRS 117.085 and any other statute to the 7
contrary, ballots for any special election or special runoff election under this section 8
shall be printed as soon as practicable following the certification by the Secretary of 9
State under KRS 118.225. 10
Section 2. KRS 117.125 is amended to read as follows: 11
No voting system or voting equipment shall be approved for use after January 1, 2024, by 12
the State Board of Elections, either upon initial examination or reexamination, and no 13
voting equipment or voting system shall be purchased after July 14, 2022, unless the 14
system and equipment has been certified under KRS 117.379 and is so constructed that it 15
shall: 16
(1) Ensure secrecy to the voter in the act of voting so that no person can see or know 17
for whom any other voter has voted or is voting, except for those voters requiring 18
assistance under KRS 117.255; 19
(2) Permit votes to be cast for any candidate entitled to have his or her name printed 20
upon the ballots at any primary, regular election, or special election, and for or 21
against any public question entitled to be placed upon the ballots; 22
(3) [Except at a primary or at a special election held under KRS 67C.103(12), permit a 23
voter to vote for all the candidates of one (1) party or for one (1) or more candidates 24
of every party having candidates entitled to be voted for, or for one (1) or more 25
independent, political organization, or political group candidates; 26
(4) ]Permit a voter to vote for as many persons for an office as the voter is lawfully 27 UNOFFICIAL COPY 24 RS BR 1069
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entitled to vote for, and no more; 1
(4)[(5)] Prevent a voter from voting for more persons for any office than the voter is 2
entitled to vote for, and from voting for the same person, or for or against the same 3
question, more than once; 4
(5)[(6)] Permit a voter to vote for or against any question the voter may have the right 5
to vote on, but no other; 6
(6)[(7)] Provide for a nonpartisan ballot; 7
(7)[(8)] Be capable of being adjusted for use in a primary so that a voter may not vote 8
for any person except those seeking nomination as candidates of the voter's party, 9
as candidates for a nonpartisan office, or as candidates for an office of the Court of 10
Justice; 11
(8)[(9)] Permit each voter to vote for all the candidates for presidential electors of any 12
party by one (1) operation; 13
(9)[(10)] Permit each voter to vote, in any regular or special election, for any person for 14
whom the voter desires to vote whose name does not appear upon the ballot by 15
providing a method of write-in voting; 16
(10)[(11)] Be safe, efficient, and accurate in the conduct of elections, and correctly 17
register and accurately count all votes cast for each person, and for or against each 18
public question; 19
(11)[(12)] (a) Provide each voter an opportunity to verify votes recorded on the 20
permanent paper ballot, either visually or using assistive voting technology, 21
by producing a voter-verified paper audit trail; 22
(b) Provide each voter an opportunity to change votes or correct any error before 23
the voter's ballot is cast and counted; and 24
(c) Provide a voter who spoils his or her ballot another ballot as provided under 25
this chapter; 26
(12)[(13)] Use an individual, discrete, permanent, paper ballot cast by the voter for 27 UNOFFICIAL COPY 24 RS BR 1069
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tabulating purposes; 1
(13)[(14)] Preserve the paper ballot as an official record available for use in any audit or 2
recount; 3
(14)[(15)] Be suitably designed for the purpose used, constructed of a durable material, 4
and safely transportable; 5
(15)[(16)] Be capable of determining whether the voting equipment has been unlocked 6
and operated or adjusted in any manner after once being locked; 7
(16)[(17)] Have a public counter with a register which is visible from the outside of the 8
counter or device that will show at all times during an election how many persons 9
have voted; 10
(17)[(18)] Have a protective cumulative counter indicating the number of votes cast for 11
each person, and the votes cast for or against each public question which cannot be 12
seen, reset, or tampered with without unlocking a covering device by a key or other 13
security apparatus that cannot unlock any other part of the equipment, and which 14
prevents changes to the cumulative counter once the system has been put into 15
operation on the day of any election; 16
(18)[(19)] Provide for the tabulating of votes at the precinct as required under KRS 17
117.275; 18
(19)[(20)] Provide locks or other security apparatus by which the operation of the voting 19
equipment may be locked before the time for opening the polls and after the time 20
for closing the polls; 21
(20)[(21)] Permit a voter to readily learn the method of operating it, to expeditiously cast 22
a vote for all candidates and on all questions of the voter's choice, and when 23
operated properly, register and record correctly and accurately every vote cast; 24
(21)[(22)] Bear a number or other unique designation that will distinguish it from any 25
other voting equipment or voting system; 26
(22)[(23)] Produce a real-time audit log record for the voting system, and produce a 27 UNOFFICIAL COPY 24 RS BR 1069
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paper record with a manual audit capacity which shall be available as an official 1
record for any recount conducted related to any primary or election in which the 2
system is used; 3
(23)[(24)] Be accessible for individuals with impairments, including nonvisual 4
accessibility for the blind or visually impaired, in a manner that provides the same 5
opportunity for access and participation, including privacy and independence, as for 6
other voters; 7
(24)[(25)] Prohibit voting equipment that tabulates or aggregates votes used in official 8
results from connecting to any network, including the Internet, or communicating 9
with any device external to the voting system; 10
(25)[(26)] Meet or exceed the standards for a voting system established by the Election 11
Assistance Commission, as amended from time to time, and those approved under 12
KRS 117.379; and 13
(26)[(27)] Meet such other requirements as may be established by the State Board of 14
Elections in administrative regulations promulgated under KRS Chapter 13A to 15
reflect changes in technology to ensure the integrity and security of voting systems. 16
Section 3. KRS 118.025 is amended to read as follows: 17
(1) Except as otherwise provided by law, voting in all primaries and elections shall be 18
by secret paper ballot. No ballot shall permit a voter in a regular election to vote a 19
straight political party ticket by one (1) or more marks or acts. 20
(2) The general laws applying to primaries, regular elections, and special elections shall 21
apply to primaries, regular elections, and special elections conducted with the use of 22
voting equipment, and all provisions of the general laws applying to the custody of 23
ballot boxes shall apply, as far as applicable, to the custody of the voting system or 24
voting equipment. 25
(3) A primary for the nomination of candidates to be voted for at the next regular 26
election shall be held on the first Tuesday after the third Monday in May of each 27 UNOFFICIAL COPY 24 RS BR 1069
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year. 1
(4) The election of all officers of all governmental units shall be held on the first 2
Tuesday after the first Monday in November. 3
(5) If the law authorizes the calling of a special election on a day other than the day of 4
the regular election in November, the election shall be held on a Tuesday. 5
(6) If the law requires that a special election be held within a period of time during 6
which the voting equipment must be locked as required by KRS 117.295, the 7
special election shall be held on the fourth Tuesday following the expiration of the 8
period during which the voting equipment is locked. 9
Section 4. KRS 118A.090 is amended to read as follows: 10
(1) For the regular election, the order of names on the ballot for each district or circuit, 11
and numbered division if divisions exist, shall be determined by lot at a public 12
drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on 13
the Thursday following the first Tuesday after the first Monday in June preceding 14
the regular election, except as provided in KRS 118A.100(6). 15
(2) Not later than the date set forth in KRS 118.215(1)(b) after the filing deadline for 16
the regular election in a year in which there is no election for President and Vice 17
President of the United States, or not later than the date set forth in KRS 18
118.215(1)(c) preceding a regular election in a year in which there is an election for 19
President and Vice President of the United States, and after the order of names on 20
the ballot has been determined as required in subsection (1) of this section, the 21
Secretary of State shall: 22
(a) Certify to the county clerks of the respective counties entitled to participate in 23
the election of the various candidates, the name and place of residence of each 24
candidate for each office, by district or circuit, and numbered division if 25
divisions exist, as certified under KRS 118A.060; and 26
(b) Designate for the county clerks the office of the Court of Justice with which 27 UNOFFICIAL COPY 24 RS BR 1069
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the names of candidates shall be printed and the order in which they are to 1
appear on the ballot. 2
(3) The ballot position of a candidate shall not be changed after the ballot position has 3
been designated by the Secretary of State. The county clerks of each county shall 4
cause to be printed on the ballots for the regular elections the names of the 5
candidates for offices of the Court of Justice. 6
(4) The names of the candidates shall be placed on the ballots in a separate column or 7
columns or in a separate line or lines and identified by the words "Judicial Ballot[," 8
and in such a manner that the casting of a vote for all of the candidates of a political 9
party will not operate to cast a vote for judicial candidates]." The words "Vote for 10
one" or "Vote for one in each division," shall be printed on the ballot in an 11
appropriate location. The office, numbered division thereof if divisions exist, and 12
the candidates therefor shall be clearly labeled. No party designation or emblem of 13
any kind, nor any sign indicating any candidate's political belief or party affiliation, 14
shall be used on any ballot. 15
(5) The candidate receiving the highest number of votes cast at the regular election for 16
a district or circuit, or for a numbered division thereof if divisions exist, shall be 17
elected. 18
Section 5. KRS 118A.100 is amended to read as follows: 19
(1) Candidates for an unexpired term of a judicial office to be filled at a regular 20
election shall be nominated at the primary next preceding the regular election in the 21
manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second 22
Friday in December preceding the primary. If the vacancy occurs on or after that 23
date, the election to fill the unexpired term shall be held in accordance with the 24
procedures described in this section and Section 152 of the Constitution of 25
Kentucky. 26
(2) If in a regular election for judicial office no candidates nominated as provided in 27 UNOFFICIAL COPY 24 RS BR 1069
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KRS 118A.060 are available due to death, incapacity, or withdrawal, and the 1
candidates have not been replaced as provided in KRS 118A.060, the election to fill 2
the regular term shall be conducted in the manner prescribed in subsections (3) 3
through (11) of this section. 4
(3) Each candidate shall file a petition for nomination with the Secretary of State not 5
earlier than the first Wednesday after the first Monday in November of the year 6
preceding the year in which the election for the unexpired term will be held and not 7
later than the first Tuesday after the first Monday in June preceding the day fixed 8
by law for holding the regular election for the unexpired term, if the vacancy occurs 9
prior to the first Tuesday following the first Monday in June. If the vacancy occurs 10
after the first Tuesday following the first Monday in June, each candidate shall file 11
a petition for nomination with the Secretary of State not later than the second 12
Tuesday in August preceding the day fixed by law for holding the regular election 13
for the unexpired term. The petition shall be sworn to by the candidate and by not 14
less than two (2) registered voters from the district or circuit from which he or she 15
seeks nomination, before an officer authorized to administer an oath. Signatures for 16
nomination papers shall not be affixed on the document to be filed prior to the first 17
Wednesday after the first Monday in November of the year preceding the year in 18
which the office will appear on the ballot. The petition shall be filed no later than 4 19
p.m. local time at the place of filing when filed on the last date on which the papers 20
are permitted to be filed. 21
(4) The petition for nomination shall be in the form prescribed by the State Board of 22
Elections. The petition shall include a declaration sworn to by the candidate, that he 23
or she possesses all the constitutional and statutory requirements of the office for 24
which the candidate has filed. Titles, ranks, or spurious phrases shall not be 25
accepted on the petition and shall not be printed on the ballots as part of the 26
candidate's name; however, nicknames, initials, and contractions of given names 27 UNOFFICIAL COPY 24 RS BR 1069
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may be acceptable as the candidate's name. 1
(5) The Secretary of State shall examine the petition of each candidate to determine 2
whether it is regular on its face. If there is an error, the Secretary of State shall 3
notify the candidate by certified mail within twenty-four (24) hours of filing. 4
(6) The order of names on the ballot for each district or circuit, and numbered division 5
if divisions exist, shall be determined by lot at a public drawing to be held in the 6
office of the Secretary of State at 2 p.m., standard time, on the Thursday following 7
the first Tuesday after the first Monday in June preceding the regular election for 8
those petitions for nomination required to be filed no later than the first Tuesday 9
following the first Monday in June. For those petitions for nomination required to 10
be filed no later than the second Tuesday in August, the order of names on the 11
ballot for each district and circuit, and numbered division if divisions exist, shall be 12
determined by lot at a public drawing to be held in the office of the Secretary of 13
State at 2 p.m., standard time, on the Thursday following the second Tuesday in 14
August preceding the regular election. 15
(7) Not later than the date set forth in KRS 118.215 and after the order of names on the 16
ballot has been determined as required in subsection (6) of this section, the 17
Secretary of State shall: 18
(a) Certify to the county clerks of the respective counties entitled to participate in 19
the election of the various candidates, the name and place of residence of each 20
candidate for each office, by district or circuit, and numbered division if 21
divisions exist, as specified in the petitions for nomination filed with the 22
Secretary of State; and 23
(b) Designate for the county clerks the office of the Court of Justice with which 24
the names of candidates shall be printed and the order in which they are to 25
appear on the ballot. 26
(8) The ballot position of a candidate shall not be changed after the ballot position has 27 UNOFFICIAL COPY 24 RS BR 1069
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been designated by the county clerk. 1
(9) The county clerks of each county shall cause to be printed on the ballots, including 2
absentee ballots, for the regular election the names of the candidates for offices of 3
the Court of Justice. 4
(10) The names of the candidates shall be placed on the ballots in a separate column or 5
columns or in a separate line or lines and identified by the words "Judicial Ballot[," 6
and in a manner so that the casting of a vote for all of the candidates of a political 7
party will not operate to cast a vote for judicial candidates]." The words "Vote for 8
one" or "Vote for one in each division," shall be printed on the appropriate location. 9
The office, numbered division if divisions exist, and the candidates therefor shall be 10
clearly labeled. No party designation or emblem of any kind, nor any sign 11
indicating any candidate's political belief or party affiliation, shall be used on any 12
ballot. 13
(11) The candidate receiving the highest number of votes cast at the regular election for 14
a district or circuit, or for a numbered division if divisions exist, shall be elected. 15
(12) A judge who elected to retire as a Senior Status Special Judge in accordance with 16
KRS 21.580 shall not become a candidate or a nominee for any elected office 17
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 18
number of days served by the judge acting as a Senior Status Special Judge. 19
Section 6. KRS 67C.103 is amended to read as follows: 20
(1) The legislative authority of a consolidated local government, except as otherwise 21
specified in KRS 67C.101 to 67C.137, shall be vested in a consolidated local 22
government council. The members of the council shall be nominated and elected by 23
district. There shall be only one (1) council member elected from each council 24
district. 25
(2) There shall be twenty-six (26) council districts. The initial boundaries, population, 26
and numerical designation of the council districts shall be as specified by KRS 27 UNOFFICIAL COPY 24 RS BR 1069
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67C.135. The population of the council districts shall be as nearly equal as is 1
reasonably possible. Any changes made to alter the boundaries of council districts 2
shall be based on the population of the county as determined by the most recent 3
United States Census or official census estimates as provided by the United States 4
Bureau of the Census. 5
(3) Following the official publication of each decennial census by the United States 6
Bureau of the Census for the area embraced by a consolidated local government, the 7
council shall adopt an ordinance, if necessary, to redistrict the council districts. A 8
redistricting ordinance shall provide for the distribution of population among the 9
council districts as nearly equal as is reasonably possible. Every council district 10
shall be compact and contiguous and shall respect existing neighborhood, 11
community, and city boundaries whenever possible. 12
(4) The consolidated local government council members shall serve for a term of four 13
(4) years beginning on the first Monday in January following their election, except 14
that the initial election of council members shall be in a manner as to provide for 15
staggered terms for council members. At the initial election of the members of a 16
consolidated local government council, those representing even-numbered districts 17
shall be elected for a two (2) year term. Those representing odd-numbered districts 18
shall be elected for a four (4) year term. Thereafter, all council members shall be 19
elected for four (4) year terms. 20
(5) The members of a consolidated local government council shall be nominated and 21
elected from the district in which they reside in partisan elections. After the initial 22
terms of office of the first elected council members, council members shall be 23
elected in the same election years as other local government officials as regulated 24
by the regular election laws of the Commonwealth and as provided in subsection 25
(4) of this section. 26
(6) No person shall be eligible to serve as a member of a consolidated local government 27 UNOFFICIAL COPY 24 RS BR 1069
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council unless he or she is at least eighteen (18) years old, a qualified voter, and a 1
resident within the territory of the consolidated local government and the district 2
that he or she seeks to represent for at least one (1) year immediately prior to the 3
person's election. A council member shall continue to reside within the district from 4
which he or she was elected throughout the term of office. 5
(7) The presiding officer of a consolidated local government council shall be a 6
president who shall be chosen annually by a majority vote of the entire council from 7
among its members at the first meeting of the council in January. The council 8
president has the right to introduce any resolution or recommend any ordinance and 9
shall be entitled to vote on all matters. 10
(8) The consolidated local government council shall upon notice meet within seven (7) 11
days after its members have taken office, and shall thereafter hold at least one (1) 12
regular meeting per month. No newspaper notice shall be required for regular or 13
special meetings of the consolidated local government council. However, notice of 14
all meetings of the council and all meetings of committees of the council shall be 15
held pursuant to KRS 61.805 to 61.850. 16
(9) A majority of the members of the consolidated local government council shall 17
constitute a quorum, but a smaller number may adjourn from day to day. The 18
consolidated local government council may enforce the attendance of members by 19
rules or ordinances with appropriate fines. The mayor or two-thirds (2/3) of the 20
entire membership of the council may call a special meeting at any time. Meetings 21
shall be held in such places in the county as are provided by ordinance, and the 22
place of meetings shall not be changed except by an ordinance for which two-thirds 23
(2/3) of the members of the consolidated local government council have voted. 24
(10) The council shall determine its own rules and order of business, and keep and 25
provide a public record of its proceedings. The council shall provide for the 26
publication of all ordinances in a composite code of ordinances. 27 UNOFFICIAL COPY 24 RS BR 1069
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(11) Council ordinances that prescribe penalties for their violation shall be enforced 1
through the entire area of the consolidated local government unless: 2
(a) Otherwise provided by statute; or 3
(b) The legislative body of any city within the consolidated local government area 4
has adopted an ordinance pertaining to the same subject matter that is the 5
same as or more stringent than the standards set forth in the consolidated local 6
government's ordinance. 7
(12) (a) In the case of a vacancy on the consolidated local government council by 8
reason of death, resignation, or removal, an election shall be held to fill the 9
unexpired term, unless paragraph (c) of this subsection applies. The county 10
clerk shall be responsible for administering the election. The election shall 11
proceed as follows: 12
1. The presiding officer of the council shall declare the position vacant and 13
issue a writ of election within twenty-four (24) hours of the occurrence 14
of the vacancy; 15
2. The writ shall be signed by the presiding officer, shall designate the day 16
for holding the election, and shall be delivered to the sheriff; 17
3. Candidates for the unexpired term shall file petitions of nomination with 18
the county clerk not later than ten (10) days following the declaration of 19
vacancy. The election shall be held sixty (60) days after the declaration 20
of vacancy on the next Tuesday which is not a federal holiday under 5 21
U.S.C. sec. 6103(a), unless paragraph (b) of this subsection applies. The 22
petition for nomination shall contain the signatures of two (2) registered 23
voters of the council district and shall meet the requirements of KRS 24
118.315(2); 25
4. If the candidate is a registered member of a political party, as defined by 26
KRS 118.551, the candidate shall be designated as such on the election 27 UNOFFICIAL COPY 24 RS BR 1069
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ballot. If the candidate is not a registered member of a political party, as 1
defined by KRS 118.551, the candidate shall be designated as 2
"independent" on the election ballot, or may choose to be designated as 3
a member of another political organization on the ballot, if such political 4
organization is indicated on the candidate's petition for nomination; and 5
5. The successful candidate elected to fill an unexpired term in the office 6
of consolidated local government council member shall take office 7
immediately upon certification of the election results and administration 8
of the oath of office. 9
(b) If the unexpired term will not end on the first Monday in January following 10
the next regular election, and if less than three (3) months intervene before 11
that regular election, the unexpired term shall be filled on the date set for the 12
regular election. Candidates for full terms shall be grouped together, and 13
candidates for unexpired terms shall be grouped together, under appropriate 14
headings, so that the voter may easily distinguish the candidates for full terms 15
from the candidates for unexpired terms. 16
(c) If the unexpired term will end on the first Monday in January following the 17
next regular election, and if less than three (3) months intervene before that 18
regular election, the presiding officer of the council shall appoint a qualified 19
person to fill the vacancy and serve the remainder of the term. 20
(d) [Votes cast pursuant to KRS 117.125(3) shall not be counted for, or assigned 21
to, any candidate in an election to fill a vacancy on the council, even if that 22
candidate is the only designee of a political party or organization nominated in 23
an election to fill a vacancy on the council. 24
(e) ]The order of the names on the ballot for the candidates shall be determined 25
by lot at a public drawing to be held in the office of the county clerk at 4 p.m., 26
standard time, ten (10) days following the declaration of vacancy. 27 UNOFFICIAL COPY 24 RS BR 1069
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(13) All legislative powers of a consolidated local government are vested in the 1
consolidated local government council. The term "legislative power" is to be 2
construed broadly and shall include the power to: 3
(a) Enact ordinances, orders, and resolutions, and override a veto of the mayor by 4
a two-thirds (2/3) majority of the membership of the legislative council; 5
(b) Review the budgets of and appropriate money to the consolidated local 6
government; 7
(c) Adopt a budget ordinance; 8
(d) Levy taxes, subject to the limitations of the Constitution and the laws of the 9
Commonwealth of Kentucky; 10
(e) Establish standing and temporary committees; and 11
(f) Make independent audits and investigations concerning the affairs of the 12
consolidated local government and any board or commission that: 13
1. Is composed of members who are appointed by the mayor and approved 14
by the legislative council; or 15
2. Has a budget that is equal to or greater than one million dollars 16
($1,000,000.00), except that this subparagraph shall not apply to any fee 17
officer elected within the consolidated local government. 18
(14) (a) The consolidated local government council shall establish a Government 19
Oversight and Audit Committee. This committee shall be: 20
1. Composed of members from each of the two (2) largest political 21
caucuses in the legislative council; 22
2. Appointed by the chairs of their respective caucuses; and 23
3. Composed on the basis of the proportion of each of the two (2) caucuses' 24
total membership as compared to the total membership of the legislative 25
council. Any fractional proportions shall be rounded in the favor of the 26
smallest caucus' membership on the committee. 27 UNOFFICIAL COPY 24 RS BR 1069
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(b) The committee shall have the power to: 1
1. Compel testimony and the submission of work papers or documents; 2
2. Issue subpoenas to compel any officer, appointee, or former officer or 3
appointee to a board or commission described in subsection (13)(f) of 4
this section or any department or division of the consolidated local 5
government to appear before the committee and to compel the 6
submission to the committee of any work papers or documents pertinent 7
to an independent audit or investigation. Any subpoenas issued or 8
testimony compelled shall be subject to any relevant statutes concerning 9
privacy. Testimony subject to KRS 61.810 shall only be taken in 10
executive session. The right to privacy or the requirement that testimony 11
be taken in executive session may be waived by the person or entity 12
being subpoenaed or compelled to testify; 13
3. Petition the appropriate Circuit Court to compel obedience by 14
proceedings for contempt as in the case of disobedience of a subpoena 15
issued from the Circuit Court or a refusal to testify therein, if any officer 16
or appointee fails or refuses to testify or furnish the work papers or 17
documents subpoenaed; 18
4. Administer oaths to witnesses appearing before the committee when the 19
committee deems the administration of an oath necessary and advisable 20
as provided by law. This decision to administer oaths shall be taken by a 21
majority vote of the committee of the legislative council; and 22
5. Recommend the removal of any appointee to a board or commission 23
described in subsection (13)(f) of this section. 24
(c) The legislative council of the consolidated local government shall adopt by 25
resolution any process or procedures deemed necessary for the administration 26
of subpoenas and oaths. 27 UNOFFICIAL COPY 24 RS BR 1069
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(d) The legislative council of the consolidated local government may only act to 1
remove an appointee to a board or commission described in subsection (13)(f) 2
of this section upon the recommendation of the Government Oversight and 3
Audit Committee. 4
(e) The Government Oversight and Audit Committee shall have the power to 5
issue subpoenas or administer oaths. Except as provided in KRS 65.003(7), 6
the legislative council of the consolidated local government shall not delegate 7
those powers to any other entity or entities not a part of the legislative council 8
of the consolidated local government. 9
(15) The consolidated local government council shall be known as the legislative council 10
of ...................../................... County Metro Government, which shall be a 11
combination of the names of the largest city in existence in the county on the date 12
of the adoption of the consolidated local government and the county. 13
Section 7. KRS 117.155 is amended to read as follows: 14
The county clerk shall place all ballots required to be placed upon voting equipment in 15
such a manner as will most nearly conform to the plan of arrangement prescribed by the 16
Secretary of State under KRS 118.215. The county clerk shall then see that the counters 17
referred to in KRS 117.125(16)[(17)] and (17)[(18)] are set at zero, and shall lock the 18
operating device and mechanism and the devices protecting the counters and ballots, 19
which shall then be covered with a tamper-resistant seal. The county clerk shall then 20
enter in an appropriate book, opposite the number of each precinct the distinguishing 21
number of the voting equipment or the unique designation to be used in that precinct. 22
Section 8. KRS 117.205 is amended to read as follows: 23
Before the polls are open, and before permitting any person to vote on the day of the 24
election, the election officers shall examine the voting equipment to ascertain whether it 25
has been operated since the counters referred to in KRS 117.125(16)[(17)] and (17)[(18)] 26
were set at zero, and to ascertain whether the ballots are arranged as previously specified. 27 UNOFFICIAL COPY 24 RS BR 1069
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If the voting equipment indicates that it has been operated or if the ballots are not 1
properly arranged, the officers shall not unlock the operating device or mechanism, but 2
shall immediately secure the attendance of the county clerk and one (1) member of the 3
county board of elections other than the county clerk, who shall reset the counters at zero 4
and relock the device covering the counters, or properly arrange the ballots, as the case 5
may be, in the presence of the election officers. If the attendance of members of the board 6
of elections cannot be obtained before the opening of the polls or within one (1) hour 7
thereafter, the election officers shall notify the county clerk of the foregoing facts and 8
obtain from the county clerk reserve voting equipment, and proceed to conduct the 9
election. Any reserve voting equipment shall have been certified for use at the election by 10
the county board of elections and prepared for use at the election by the election officers 11
in the precinct in the same manner as the original voting equipment was prepared for the 12
election. The voting equipment found to have been so operated shall be returned 13
immediately to the custody of the county clerk, whose duty it shall be to promptly repair 14
same so that it may be used as reserve voting equipment in the election if needed. 15